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MINUTES-05/16/1974-Regular
May 16, 1974 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Council. members present: Bowling, Fead,: Gray, Preble, Russell and Wilkinson. Absent: Councilwoman Reeves. Staff present: Brunton, March, Case, Kost, Smith, DiTullio, Parsons, Deibel, Knight, Cain and Hoffman. Minutes from meeting of May 2, 1974 to be corrected then approved Cowrcilwomar, Preble stated that there is one correction to be made. The vote as recorded on page 269 relating to the increase in the water utility rate should be corrected to read. Yeas: Councilwomen Gray, Preble and Reeves. Nays: Councilmen Bowling, Russell and Wilkinson. The minutes ,shall reflect that the correction has been made. Request of Lone Star Steel Company to connect to City's sewer system without annexation referred to Administration for negotiation ' Mr. Brunton, City Manager, explained to the Council that Lone Star had requested to be connected to the City Sewer System without annexation. This is not consistent with our ordinance in providing utility service outside the City limits and the administration request s..permission to negotiate with Lone Star Steel Company regarding this issue. Councilman Russell made a motion directing the administration to negotiate with Lone Star Steel Company, seconded by Councilman Bowling. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. .Petition. for Street and Water Main Improvement District on.Swallow Road west of College Avenue referred to the City Attorney and Public Works City Engineer, Don Parsons, showed the Council the area invnlved and stated that the street improvement and water main improvement were a part of the conditions for development of the area. City Manager Brunton, stated that the residents involved were aware of this and preferred to have this done as a Special Improvement District. Councilman Bowling made a motion referring this to the City Attorney's office.for a resolution establishing the district and to the Public Works , office for a report on the district, seconded by Councilwoman Gray Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. 274 2 7 5' ordinance No. 27, 1974 annexing Giselman Hickory Street Annexation approved on second reading Don Parsons, City Engineer, showed the area to the Council in review. Councilman howling made a motion, seconded by Councilman Wilkinson, to approve Ordinance No. 27,-1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None.' ORDINANCE NO. 27, 1974 go BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE 30 GISELMAI4 HICKORY STREET ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to ' the City, and .WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1963, Section 137-21-6 as amended, and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation, and WHEREAS, not less than one -sixth (1/6th) of the perim- eter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins, and WEiEREAu, none of the provisions of Colorado Revised Statutes: '_963, 9ecti6fi 139-21-4, as amended, are violated 276 by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions ' of Colorado Revised Statutes, 1963, Section 139-21-6(2), as jamended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY. OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the NE 1/4 of Section 2, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows: the West 5 acres of the SW 1/4 of the NE 1/4 of said Section 2, also commenc- ing at the Southwest corner of the NE 1/4 of said Section 2, thence North 80 rods, thence West 40 rods, thence South 80 rods, thence East 40 rods to the point of beginning. be and it hereby is annexed to the City of Fort Collins and made a part of said City to be known as the Giselman Hickory Street Annexation to the City of Fort Collins. Section 2. That in annexing said territory to the City of Fort Collins, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed ' except as may be provided by the ordinances of the City of Fort Collins. 0 276 Introduced, considered favorably on first reading, and ordered published this 2nd day of May, A.-D. 1974, and to be presented for final passage on the 16th day of May, A.D. 1974. ATTEST: 0 Passed and adopted on final reading this 16th day of May, A.D. 1974. or / ATTEST: „ City y Clerk rr First reading: May 2, 1974 Second reading May 16, 1974 Published: May 7 and 21, 1974 Attest: ©( 9 Vor��rtc. �id+ ®• Deputy city C1erIt (Vote: Yeas: 6, Nays:O) (Vote: Yeas: 6, Nays:O) Ordinance No. 28, 1974 zoning the Giselman Hickory Street Annexation approved on second reading Councile;oman Gray made a motion, seconded by Councilwoman Preble, to approve Ordinance No. 28, 1974 on second reading zoning the Giselman Hickory Street Annexation. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and lVi.lkinson. Nays: None. ORDINANCE NO. 28, 1974 BrING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GISELIiAN HICKORY STREET ANNEXA— TION TO THE CITY OF FORT COLLINS, COLORADO 2 T8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: N Section 1. That the 'zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins, be and the same hereby is changed and amended by including the property known as the Giselman Hickory Street Annexation to the City of Fort Collins, Colorado, in the,M-L Low Density Mobile Home District. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of May, A.D. 1974, and to be presented for final passage on the 16th day of May, A.D. ..9 •r,s. t1TTEST. 7 Yi City Clerk passed and ador,ted en final reading this 7.6th day of May, A..O. 1974. ATTEST: f Clerk G/-- t" 1 rij i� First reading: Second reading: Published: May May 2, 1974 May 16, 1974 7 and 21, 1974 Attest: / IC t [/I+tir.t. Deputy City Clerk (Vote: Yeas: 6, Nays: 0) (Vote: Yeas: 6, Nays: 0) Ordinance No. 31, 1974 creating and organizing Water Main Improvement District No. 6 approved on second reading City Engineer, Don Parsons, showed improvements to the Council in review. Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve Ordinance No. 31, 1974 on second reading. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. ORDINANCE No. 31, BEING AN ORDINANCE RELATING ORGANIZATION OF WATER MAIN NO. 6, PROVIDING FOR THE CO MENTS THEREIN. 1974 TO THE CREATION AND IMPROVEMENT DISTRICT NSTRUCTION OF IMPROVE - WHEREAS, heretofore the necessary proceedings were instituted to create a special improvement district for the purpose of installing the improvements described on Exhibit "A" attached hereto (hereinafter sometimes referred to as "the improvements") for the benefit of the property described on Exhibit "A"; and WHEREAS, the City Council has received the necessary reports, given the required notice and held a hearing as required by the Ordinances of the City; and WHEREAS, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form said special improvement district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins, to be known as Water Main Improvement District No. 6 (hereinafter sometimes referred to as "the district") comprised of the property described on Exhibit "A" attached hereto. Section 2. That the improvements to be constructed shall consist of the improvements described on Exhibit"A" attached hereto, all as more fully set forth in the map, plans and specifications heretofore submitted by the City Engineer and accepted by the City Council by resolution. 279 �8,(f Section 3. That the total cost of such improvements shall not exceed by more than five per cent (5%) the City Engineer's estimate heretofore accepted of $92,976.00, exclusive of the expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals, and that said total cost together with such expense of collection, legal, advertising, engineering, financing, interest during construction and other incidentals (17% of the cost of such improvements) shall be assessed against the property in said district in the manner set forth on Exhibit "A" attached hereto in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 4. That the City Council has, pursuant to. notice duly mailed and published, all as provided in Chapter 16 of the Code of the City of Fort Collins, considered all complaints and objections made and filed in writing by the owners of any real estate to be assessed or any persons interested; and the City Council further finds that all requirements of the ordinances of the City of Fort Collins respecting the organization of the district have been observed and compiled with in all respects; and it is hereby ordered that the improvements in the district as provided for in the map, plans and specifications heretofore adopted by the City Council be and they hereby are ordered to be constructed. Section 5. Upon the taking effect of this ordinance, the Mayor is hereby authorized and empowered to advertise for bids for the construction of the improvements in accord- ance with the map, plans and specifications heretofore adopted, which advertisement shall be twice published in an official newspaper published in the City. Said publications are to be at least a week apart, and the date for opening of bids shall not be less than ten (10) days after first publica- tion, and bids received under said advertisement shall be submitted to the Council for approval or rejection. Adver- tisements for bids shall comply with the requirements and be in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins. Section 6. When the improvements herein authorized have been completed and the same approved and acepted by the City of Fort Collins, the costs as set forth above shall be assessed upon the real property in said improvement district, all as hereinbefore set forth. Section 7. This ordinance shall be irrepealable until the indebtedness herein provided for, whenever the same shall be created, shall have been duly paid, satisfied and discharged as herein provided. 1 I I Introduced, considered favorably on first reading, and ordered published this 2nd day of May, 1974, an to be presented for final passage on /t� 16th o ay, 1974. qM ATTEST: Cl vt Clerk Passed and adopted on final. reading this 16th day of May, A.D. 1974. or ATTEST: City Clerk A. Description of property specially benefited by the improvements to be installed in the district and to be assessed for the costs incurred in making said improvements: All properties abutting on Riverside Avenue from Prospect Road to Lemay Avenue and all properties abutting on Lemay Avenue from Stuart Street to the north side of Spring Creek. B. Improvements to be installed in the district consist of: Installation of water mains to serve the properties described in paragraph A above. C. The cost of making the improvements in the district shall be assessed against the assessable property in the district as follows: Upon all of the lots and lands abutting the streets in the District in which water lines are installed in proportion as the frontage of each such lot or tract of land is to the frontage of all lots and lands so abutting such streets. 281 First reading: May 2, 1974 (Vote: Yeas: 6, Nays: 0) Second reading: May 16, 1974 (Vote: Yeas: 6, Nays: 0) Published: May 7 and 21, 1974 Attest;: Deputy City-Clerk Ordinance No. 38, 1974 relating to the Electric Utility Rates and Services from the Utility approved on first reading Mr. Andy Anderson, 1421 Skyline Drive, spoke in opposition of the rate ;. increase. City Manager Brunton and Mr. Stan Case, Director of Utilities, explained the reason for the increase and the distribution of the increase. Councilman Russell made a motion, seconded by Councilman Wilkinson, to approve Ordinance No. 38, 1974 relating to the electric utility rates on first reading. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. Resolution approving an agreement with Fort Collins Area Council on Alcoholism and Alcohol Abuse, Inc. approved . . Councilwoman Preble made a.motion, seconded by'CouncilwomanGray, to approve this resolution. Yeas: Council members Bowling, Fead, Gray, Preble,. -Russell and Wilkinson. -Nays: None. RESOLUTION 74-50 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH FORT COLLINS AREA COUNCIL ON ALCOHOL- ISM AND ALCOHOL ABUSE, INC. WHEREAS, heretofore the City of Fort Collins has received from the federal government certain revenue sharing funds, and WHEREAS, the Council has determined to use a portion of said funds to develop human resource programs in the City, and WHEREAS, the Council has heretofore authorized the creation of a Depart- ment of Human Resources in the municipal service of the City, and WHEREAS, it is anticipated at this time that surplus funds are still available within the amount budgeted for the human resource program, and WHEREAS, it has been determined by the City Council that it is in the best interests of the City to contract with Fort Collins Area Council on Alco- holism and Alcohol Abuse, Inc. for the establishment of a facility and program to serve the problem of alcoholics in the community, and 282 w rw WHEREAS, an agreement has been prepared providing for the establishment J of such program which would benefit the City and residents of the City, which `` agreement has been approved by the City Manager and the City Attorney; and the City Council now desires to approve such agreement and authorize its execu- tion. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they hereby are, directed and authorized to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this sixteenth day of May, A.D. 1974. ATTEST: / Mayor.,; / s �MA / City Clerk Resolution approving addenda to agreement with Larimer County 'Youth Homes, Inc. approved Councilman Bowling made a motion, seconded by Councilwoman Gray, to approve the.resolution approving an addenda to an agreener,t with Larinter County Youth Homes, Inc. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. RESOLUTION 74-51 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ADDENDA TO AN AGREEMENT WITH LARIMER COUNTY YOUTH HOMES, INC. WHEREAS, heretofore the City of Fort Collins entered into an agreement with Larimer County Youth Homes, Inc. which requires Larimer County Youth Homes, Inc. to maintain certain facilities for the benefit of the City and residents of the City, and WHEREAS, in the opinion of the City Council, it is necessary and desirable to increase the consideration to be paid to Larimer County Youth Homes, Inc. and to enter into an agreement for the payment of such -increased compensation to Larimer County Youth Homes, Inc., which agreement has been approved by the City Attorney and City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this sixteenth day of May, A.D. 1974. ATTEST: O(cy," City Clark yor Resolution approving a Right-of-way Agreement with Kelly, Brockway and Sneegas approved City Nlanager Brunton explained to Council that this right-of-way agreement gives a right-of-way for a water line and it also helps to provide a walkway to the new Laurel School across private property. This is in conjunction with the school right-of-way. Councilwoman Gray made a motion, seconded by Councilwoman Preble, to approve this right-of-way agreement with Kelly, Brockway and Sneegas. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson Nays: None. RESOLUTION 74-52 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A RIGHT OF WAY AGREEMENT WITH PATRICK S. KELLY, STEVEN E. BROCKWAY ROGER A. SNEEGAS WHEREAS, it is necessary that the City of Fort Collins acquire a six foot right of way across certain property in connection with its water utility; and WHEREAS, a right of way agreement has been prepared granting such right of way upon the terms and conditions expressed in the agree- ment; and WHEREAS, such agreement has been reviewed and approved by the City Manager and the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved and that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. f J s 284 �I Passed and adopted at a regular meeting of the City Council held this L day of A.U. 1974. ATTEST: � f 00 ? F x City Clerk 050 Resolution approving an agreement with the Union Pacific Railroad City Manager Brunton explained to the Council that this is a routine renewal agreement to allow the overhead power encroachment with the Pnion Pacif:!cJ to continue until May 19, 19M. Councilwoman Preble made a motion, seconded by Councilwoman Gray, to approve the resolution approving this overhead line right-of-way agreement with the Union Pacific Railroad, Yeas: Council members Bowling, Fead, Gray, Preble, Russel]. and Wilkinson, Nays: None. - ._. _... RESOLUTION 7n-53--- OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A RIGHT OF WAY AGREEMENT WITH THE UNION PACAFIC RAILROAD COMPANY WHEREAS, the Union Pacific Railroad Company has tendered to the City of Fort Collins, State of Colorado, an agreement extending to and including May 19, 1984, contract dated October 16, 1969, covering the continued maintenance and operation of an overhead power wlrcline with poles on the right of way and over the tracks of the Union Pacific Railroad Company at Port Collins, Larimer County, Colorado, said agree- ment being identified as Railroad Company's C.U. No. 34903-1; and 11lIL'3RIEAS, the Council of the City of Fort Collins has said proposed agreement before it and has given it careful review and con- sideratiun; and WHEREAS: it is considered that the best interests of the City of Fort Collins, State of Colorado, will be served by the acceptance of said agreement. ' NOi4, THEREFORE, BE 1T RESOLVED BY TliE COUNCIL OF THE CITY OF FORT COLLINS that Lhc terms of the agyvcw-mt SUL& tt-4 ig Lhe U0011 Pacific Railroad Company as aforesaid be, and the same hereby are, accepted in behalf of said City; and 86` BE IT FURTHER RESOLVED that the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. Passed and adopted at a regular meeting of the City Council held this day of /Gael A.D. 1974. G ATTEST: M9.yor Arai G' City Clerk 1 'Resolutionapprovingan agreement with the Colorado and Southern Railroad Company approved City Manager Brunton explained to the Council that this agreement allows ' the installation of an underground electric transmission line at Lake Street.' Councilman Russell made a motion, -seconded by Councilman Wilkinson,' to approve this resolution approving an agreement with the Colorado and Southern Railroad Company. , Yeas: Council members Bowling, Fead, Gray, Preble, Russell and.Wilkinson.. WilkiNays: None. _..-. RESOL4TION 74-54 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AMENDMENT TO AN AGREEMENT WITH THE COLORADO AND SOUTHERN RAILWAY COMPANY WHEREAS, heretofore the City of Fort Collins obtained a license agreement with the Colorado and Southern Railway Company for the installation of an underground electric transmission line under the right of way and tracks of the Railway Company at its milepost 72.90, being the point of intersection of Lake Street in the City with the right of way with the railway; and WHEREAS,.the City has requested an amendment to said agreement because of contemplated changes in the installation of lines at such location; and WHEREAS, the said Railway Company has presented to the City an amendment to the agreement meeting the requests of the City; and WHEREAS, it is considered in the best interests of the City to accept such amendment. 7R(, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of the amendment to the agreement of October 23, 1973, between the City of Fort Collins, Colorado, and the Colorado and Southern Railway Company providing for a license to install an electric transmission line at milepost 72.90 of the railway be, and the same is, hereby accepted and approved on behalf of the City of Fort Collins; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and jp they hereby are, authorized and directed to execute said amendment for so and on behalf of the City of Fort Collins. VC Passed and adopted at a regular meeting of the City Council held this lhth day of May, 1,.D, 1974. ATTF: ST : fCity Clerk Resolution establ and subdivisions Mayor requirements for buildings R to flood hazards appyoae City Manager Brunton explained to the Council that this enables the people of Port Collins to get flood plain insurmnce and an. ordinance relating to flood plains will be forthcoming in the next 30 to 50 days. At the present the City and County planning staffs are working, together on this and hopefullY each will adopt the saute ordinance at approximately the same tune. Councilti.romam Gray made a motion, seconded by Councilwoman Preble, to approve the resolution relating to flood hazards. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. RESOLUTION 74-55 OF THE COUNCIL OF THE CITY OF FORT COLLINS EST!IBLISHIVG REQUIREMENTS FOR BUILDINGS AND SUBDIVISIONS RELATING TO FLOOD IL%ZPARDS ti HFJJEP.S, th;: City of Fort Collins has adopted and is enforcing the Uniform Building Code & the International Conference of Building Officials (1970 edition); and WHEREAS, Section iOl of such Code prohibits any person, firm or corporation from erectlnl, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first. ontaining a separate building permit for each building or structure from the building Inspectcr; and WHEREAS, the Building Inspector must examine all plans and specifications for the proposed construction when application is made to him for a building permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1. That the Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must (i) be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure, (ii) use constructual materials and utility equipment that are resistant to flood damage, and (iii) use construction methods and practices that will minimize flood damage; and 2. That the Director of Planning and the Planning and Zoning Board and the City Council shall review subdivision proposals and other proposed new developments to assure that (i) all such proposals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided so as to reduce exposure to flood hazards; and 3. That the Director of Public Works shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and require on site waste disposal systems to be.located so as to avoid impairment of them or contamination from them during flooding. Passed and adopted at a regular meeting of the City Council held this 16th day of May, A. D. 1974. ATTEST: 9 V ir►.rl' LLOA-City Clerk JU Na _ Proposal from Black and VeatchforOperation ti and Maintenance Manual for Sewer Treatment Plant #2 City Manager Brunton stated that one of the requirements from EPA relating to the granting of federal funds for this project is the preparation of an 0 & M manual. The City's share in the payment of this is $7,000, the remainder is to be paid by revenue sharing funds. Total cost shall not exceed $35,000. i 1 I Council had many questions as to the necessity of this manual and the cost of this manual. Carl Houck, Engineer from Black and Veatch, assured the Council that it was required by EPA and the cost was not out of line as compared to other manuals for other cities. Councilman Wilkinson made a motion to authorize Black and Veatch, to prepare an Operation and Maintenance Manual in accordance with their proposal, seconded by Cowicilwoman .Gray. Yeas: Council members Bowling, Fead, Gray, Preble and Wilkinson. Nays: Councilman Russell. ]O Dedication of Easement for the .Interceptor Sanitary Sewer {]D Line from Rhoades, Incaccepted _ rl� City Manager Brunton stated this easement is necessary to complete the construction of the interceptor sewer line being put in now. Councilwoman Preble made a motion, seconded by Council roman Gray, to accept this dedication. Yeas: Council. members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Na)rss None. Right -of -Way agreement with Lake Canal Company — _ accepted City Attorney March stated this is a right-of-way for a sewer line to serve the Evergreen Park. i Cowicilwon"ni Gray made a motion, seconded by Councilwoman Preble, to approve the right-of-way agreement with The Lake Canal Company. Yeas: Council. members Bm%rling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. Water Main Easement Agreement with Larvner No.2 Canal —� Aaproved — 'Phis ?.tem as explained by City Manager. Brunton is necessary to cor,Iplete the Special Assessment project at West Swallow and College. 'the City will need to cross wider the canal to connect with the existing water main on the opposite side of Swallow. Councilwoman Gray made a motion to approire the water main easement agreement with La.rinier Canal No. 2, seconded by Counci.lwoiinn Preble. Yeas: Council members Bowling, Fead, Gray, Preble, Russell. and Wilkinson. ;lays: None. Appoi_r)tnlel?t of Jack E. L. Russell, Nancy P. Gray and 11irgaret E. Reeves to Nunan Resources Committee by Mayor Fead Mayor Fead officially an-ointed Crnvncilman. Jack E. L. Russell, CoLir i11`ona.n Nancy P. Gray and C'Ouncill:,onlan l-'argaret E. Reeves to the Human Resources Committee Logo Co _—_— nea;!np ittee ointed Mayor 1`cad Of-[1ClalLi appoli?te{l i:OUriC ll.1"�?rl I' '.Vling, Ci>nncilwoman Preble, Co ulcilnan Russell and Co« iln;ln Wilkinson as the Special. Logo Comni.t.tee. 290. Consideration of Street Improvement District #67, Ordinance No. 24, 1974, Buckingham area, tabled to June 6, 1974 Councilman Bowling made a motion to take Ordinance No..24, 1974 off the table for consideration, seconded by Councilwoman Gray. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. City Manager Brunton advised the Council that no solution has been reached between the City and Mr. Alden Hill's client, Buckeye Land and Livestock Company. Mr. Brunton asked that this item be tabled to June 6, 1974, and hopefully by then an agreement can be reached on the assessment of this. property. Councilman Wilkinson made a motion to table consideration of Ordinance No. 24, 1974 to June 6; 1974, seconded by Councilwoman Preble. Yeas: Council members Bowling, Gray, Preble, Russell and Wilkinson. (Council- man Fead out of the room) Mayor and Deputy City Clerk authorized to execute Bills of Sale City Manager Brunton explained to the Council that on April 27, 1974 a public auction was held and the buildings at 425 South Sherwood and 604 North Shields were sold. The building at 425 South Sherwood to Robert Aronson in the amount of $2,650.00; 604 North Shields to Lee Tucker in the amount of $1,250.00. Councilman Wilkinson made a motion to authorize the Mayor and Deputy City Clerk to execute the Bill of Sale for each of the above actions, seconded by Councilwoman Gray. Yeas: Council members Bowling, Fead, Gray, Preble, Russell and Wilkinson. Nays: None. Dismissed for break and a short executive session. Councilwoman Reeves arrived for meeting after break. Proclamation The Deputy City Clerk, LaVonne Hoffman, read the proclamation proclaiming, May 23rd as Fort Collins Senior Citizen Day. Consideration of Street Improvement District No. 69 and Storm Sewer Improvement District No. 15, tabled to June 6, 1974 Councilman Russell made a motion to remove these items from the table as they had been tabled at the meeting on May 2, 1974, seconded by Councilwoman Preble. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. City Manager Brunton reviewed the open meetings held during the week with property owners in these two districts. 2 i 1' City Engineer, lion Parsons, reviewed Street Improvement District No. 69. ' City Attorney March reviewed reasons for eliminating Prospect Estates from Street Improvement District 69 assessments. The following citizens spoke regarding these issues: Mr. Tom McComb, 1513 East Lake Mr. Duane Johnson, 1623 Lemay Mike ki%chaels,coamnercial property owner at Lemay and Riverside. Mrs. Donald Weixelman, 1509 E. Lake Gary E. Maciel., 1501 East Lake. � 00 Sewer City Manager, Brunton, opened the discussion on the Storm Ser Improvement Di.s- CZ trict #15 and reviewed the problems involved in the forming of this district. a City Engineer, lion Parsons, showed on the map the area involved and the design of district, and the objections to the district from the property owners. Councilman Bowling made a motion, seconded by Councilman Wilkinson, directing the City Attorney to prepare a resolution directing the administration to proceed with Street Improvement District No. 69 and Storm Sewer Improvement: District No. 15 with minor changes in design as listed below by the admin- istration: ' Street Improvement 1. In Prospect Estates we should either collect the cost of improvements from Chuck Burch or the City pay the cost. 2. The center island on Prospect Street should be deleted and a 48-50 foot street installed (face to face of curb). 3. The bicycle -pedestrian walkways on Prospect should be set back from the street. 4. Since this is a consolidated district, each street stands on its own merit.. However, an attempt should be made through public benefit contribution to more nearly equalize the assessment cost. Storm Sewer 1. From an engineering standpoint, it would be difficult to proceed with any street improvements on Riverside without some type of storm sewer system. 2. The City should try to revise the plans to reduce the costs of the project possibly with the use of some detention pond. 3. The City should investiaate for a way for the City to pay a greater share of the impruvements. Yeas: Council members Bowli-ng, mead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. ' I,Iotion to table the ma.t'_er to June 6, 1974 was made by Councilman Russell, secordod by Councilman Wi.l.;:inson. Yeas: Council mombers Bowling, Dead, Gray, Preble, Reeves , Russell and Wilkinson. Nays: None. 3 91, 292 Recommendations from DT2 on Avery house accepted I Val Ogden from DT2 reviewed the re,conmtendations for the Council. Mr. Andy Anderson, 1421 Skyline Drive, presented a token survey taken by Concerned Citizens of Choice City Government regarding the Avery blouse to the Council. The total survey will be given to the Council for review at a later date. June Bennett, Chairman of the Landmark Pros ervation. .Commission also spoke to the Avery House. Others making comments in support of this project were Reverend Ind Ostertag, Alice P,ahler, members of -che Avery House Committee and .Jerry Dunn, John Q. Citizen. Councilwoman Reeves .made a motion to accept the report and approve 3'31. principle the DT2 recomnnendations on Avery House, seconded by CouncilwomUan Gray. Yeas: Council m nbers Bowling, Dead, Gray, Preble, Peeves and Wilkinson. Nays: Councilman Russell.. Resolution setting forth findings of facts and conclusions regarding the Northeast Consolidated Arunexation. approved Paul Deibel, Planning Assistant, described the area and shoved. several ' slides to the Council. City Manager F.nan.ton reviewed several aspects of this annexation regarding utilities, etc., and discussed with the Council the five points listed by the Welfare Rights Organization; 1. A non -interest tap fee. When we tap into the sewer, the price will be 550.00. To pay this in cash would be very difficult, therefore, payments will be necessary over a period of time. These payments will be $6.00 per month for fifteen years. At: the end of the fifteen years, the total price paid for the tap fee will be $1,OBO. This is $530.00 interest we will have to [nay. Therefore, we are asking the city not to charge interest. 2. Presently, Rico Water. District is supplying cur water. After Annexation is passed, we recommend that this remain an it is. Because if we ore required to use City Hater, it will cost: about $750.00 per resident. 3. A section in the City Law says that if you repair your house and if these repairs cost more than one-third of the cost of your whole house, your house has to meet the City Building Law. For example, if your house is , worth $2,500 and you build e new room on that cost $1,000. this is more than one. -third of the worth of the house. 1\ow your whole house has to meet city building laws. We are asking the MY Council that thin rule will not apply to our. communities. 0 4. The city law requires that special plumbing materials be used when a person is putting in a buthroom. To make sure we do nut put in the wrong kind of materials, an engineer should go to the persons house and explain the rules to him before any work is done. This service should be free of charge, 5. Many of the present plumbing materials and electrical wiring we have in our homes will not meet the laws of the city. We are asking that once we are in the city limits, the inspectors will not come to our homes and make us replace existing jo wiring or plumbing. JO .)C Councilwoman Reeves made a motion to include a provision for interest free tq) fees for those houses in Andersonvi.l.le and Spanish Colony when fon rn)- lating an administrative policy, seconded by Councilman Wilkinson. Ycas: Cou)ci_1 members Bowling, Dead, Gray, Preble, Reeves,, Russell and Wilkinson. Nays: '.done:. Point 2. City Manager Brunton indicated that at the Present there will be no charge. Points 3-4-5. City Pdanager Brunton advised that Chief Building inspector, Gordon Clyde, will work with the 'residents to do the best they can to up- grade their hones. ' Counci.lr:0mar: Preble )ride a motion to approve the resolution setting forth the findings and conclusions regarding the Northeast Consolidated Anneaa- tien,, secorid.:,d by Councilman BOwll))g. .ea5: . �C011)nC 1l. Members Bowling,. iifi=JtS, RaS8011 and Wilkinson. Nays: None. RESOLUTION 74-56 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACTS AND CONCLUSIONS REGARDING THE NORTHEAST CONSOLIDATED ANNEXATION OHEREAS, annexation proceedings were heretofore initiated for lands to be known as the Northeast Consolidated A).i.nexaticn; and WHEREAS, Pursuant to resolution after notice given as required by law, the City Council has held a hearing on said Pnne Cati on. ' h0i'd, TIEEREFO E, iR IT IESOLVED BY THE COUNCIL OF THE CITY of FORT COLLINS: 294 , Section 1. That the City Council hereby finds that not less than onesixth of the perimeter of the area proposed to be annexed is continuous with the City of Fort Collins. Section 2. That the City Council further finds that a community of interest exists between the territory proposed to be annexed and the City of Fort Collins, and the territory proposed to be annexed is urban or will be urbanized in the near future, and said territory is integrated or is capable of being integrated. with the City of Fort. Collins. s Section 3. That the City Council. further finds that alone of the provzsioIts of Section 139-21-4, Colorado Revised Statutes: 1963, as amended, are violated by the annexation. Section 4. That the City Council further finds that no election is required under the provisions of Section 139-21- 6(2), and no additional terms and conditions are to be imposed in connection with this annexation. Section 5. That the City Council concludes that the territory embraced in the Northeast Consolidated Annexation is eligible for annexation to the City of Fort Collins and .should be :,o annexed. Passed and adopted at a regular meeting Of the City council held this 16th day of May A,D., 1974. # �� •— �._ o:r A'PT?:5�: fir,-�...,:,k,.�(,=:-��>yvt,•L ci. cy Clerk N 1 1 e 29'5. Ordinance No. 36, 1974 annexing the .Northeast .Consoli- dated Annexation approved._ _ Cou:.cilman Bowling made a motion, seconded by Councilman Russell, to approve Ordinance No. 36, 1974 annexing the Northeast Consolidated Annexation on first reading. Yeas: Council members Bowling, Peal, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Hill Pond on Spring Creek Second Filing approved conditionally J0 City Engineer, Don Parsons, showed the area to the Council and explained J0 some of the planning of the area. x 03 Planning Assistant, Paul. Deibel, spoke to the design of the project and the Q following compromise solution So some of the problems regarding this su'odi- vision development was presented: 1. 25 building permits be issued upon the completion of the major access from Shields Street. This need not be paved but must veet basic code requirements for service as a construction road. 2. That the Sheely Drive access not be opened until construction of the first- 25 units arc. completed. This will eliminate the possibility of construction vehicles going through the Sheely addition. ' 3. Certificates of occupancy not ba issued for the first 25 units until the paving of laver Meadows Drive and Farmtree Read„ in the Second Filing, is completed. 4. The balance of 19 building permits be issued upon the granting of Certificates of Occupancy for the first 25 units. City Manager Brunton also advised the Council that the utilil.ty plans have not yet been approved as tile), were Just submitted prior to the meeting. Cowlciiman Bowling nude a motion to approve the Hill Pond on Spring Creek Second Piling Plat conditioned on satisfactory compliance with the conditions explessed and the Utility Plans, seconded by Couj.cilwom?.n Reeves. Yeas: Council. members Bowling, Fead, Gray, Preble, Reeves; ltussel.l and Wilkinson. Nays: None. Resolution changing Street name from Bri.anrood Road to Ramble -wood i?Oad Councilman Russell made a motion to approve the resolution clanging tile ?lame of Briarwood. Read to Ramblewood :load, seconded, by ColLncillnatl i'vilkinson. Yeas: Council men;bers Bowling, Fead, Gray, Pr.^hie, Reeves, Russell. and Wilkinson. mays: None. 1 296 0 — --- RESOLUTION 74-57 OF THE COUNCIL OF THE CITY OF FORT COLLINS CHANGING THE NAME OF A CURTAIN STREET IN THE CITY FROM BRIARWOOD ROAD TO R1,MBL1:WOOD ROAD WHEREAS, heretofore Briarwood Road, as laid out and platted, has connected without interruption between Laporte Avenue and Mulberry Street in the City of Fort Collins; and WHEREAS, the City Council has determined to close off said road in the center because of traffic problems which have developed along said road and the hazard to life and limb created by such traffic problems; and WHEREAS, after such road is closed off it will be desirable to change the name of a portion of said road to avoid confusion and mis- understonding. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that that portion of Briarwood Road extending South from Laporte Avenue to Oa.k. Street be, and the same hereby is, renamed Ra_mblewood Road. Passed and adopted at a regular meeting of the City Council held this loth day of May, A.D. 1974. ATTEST: plat and final Unit Develo- men.t Pltui for Horsetooth Lanes - ubdivisicn deni.ed_aPProval Planning Assistant, Paul. Deibel, described the area to the Council and Cxplaln0d the pI'evious hisoory of this area. The site plans ^witted are lnadequa.to in two reSpeCts,. (1) �hoivs perajlaiient parkluig Spaces located with- in the right.of-away for Ilorsetcoth Road Ohich has been dedicated, (2) the landscapiDg is totally inadequate in terms Uz the noi'7nal standards required by the p1miiing and Zoning ward for development in the highway business zone. T-n,, platulifIg and Zoning board and the staff recommended denial tuit721. the Site Plall is Ch'ai)ged to the extent that is acceptable. Council -man f'vilkinson made a. noticn, seconded by Councilman Bowling, to deny approval of the plat and re7:er .it to the City AttUn iey for further Study a br'.n; it back to council on June 6, 197i, Yeas: Council members Bowling, Fead, Gray, Preble, ??c;eves, RIISsel.f_ ami Wilkinson- Nays: None. 1 C 1 296 297 1 Consider amendment to Raw plater Agreement with — Internati.onal. Investment and Management Corporation City Manager Brunton, reviewed the original agreement for the Council.. The suggested amendment would allow the International Investment and Management Corporation that the money payable would be for the land they are develop- ing now under the same escrow account and the remainder to be payable by July 28, 1974, not as a cash contribution, but to be held for this 18 month period until some arrangement with the South Side ditches can be worked out. :JO Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to accept the recommendation to amend the agreement with International Investment '-7 and Management: Corp. and extend the agreement. yeas: Council members j Reeves, Russell and Wilkinson. Nays: None. Bowling, Fead, Gray, Preble, Consider establishment of Street lighting Improvement District on Lake and Prospect streets from College Avenue to Shields Street referred to City Attorney _ City D gineer, Don Parsons, reviewed the area for the Council. Councilman Russell made a motion, directing the City Attorney to prepare the necessary resolution creating tine Streetlighting.Improvenent District, seconded by Councilman Bowling. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None. Call for Special. Meeting to consider Bid on Warehouse for Parks and Recreation Department Mayor Fead called a Special. Meeting to consider plans and specifications on bid for Warehouse Garage for Parks and Recreation Department for I:IS P.M. on May 22, 1974, Longs Peak Dining Room at Colorado State University Student Center. Troo�ni er Program and the new Federal Laws City Manager Pi -Linton explained to Council how the new Federal laws, regarline minimum wages aria overtime pay affects our City Government. on our trooper program this is causing many problems due to the fact that the amount budgeted is $23,821 and $3S,S37 is now needed. The following is a list pf the alternatives the administration has: Alternative tic. i. That the program remain intact as approved by Council with the exception ' that the. free concessions, i.e., golf, swimming, etc., be eliminated. Therefore, Council reeds tc approve the $1.1,71.6 over -run and authorize transfer of necessary funds from Revenue Sharing. 298 Alternative No. 2 Same as Number (1.) except that the $10,000 allocated for summer youth pro-- gra:as under Human. Resources be transferred to the Recreation program and thereby decrease the over -run to $1,716, which over --ran be approved by Council. If accepted, this alternative will eliminate possibly 16 summer jobs for socially or economically deprived youngsters. Alternative No. 3 Reduce the program by one-half-. This could be done by dismissing one- half of the employees or reducing the work load. Since the troopers only work 3 hours each day, this does not appear feasible. Alternative No. 4 Since the playground activities the park projects and activities students and save $11,939. the benefit more people, we could eliminate . This would result in dismissing 44 over -run would then not occur. M Alternative No. Eliminate the "Trooper Program" altogether. Councilman Russell made a motion to follow alternate number 1 and to seriously review t11i.s program in 19 S before colmnittments are made, seconded by Council - Woman Reeves. Yeas: Council members Bowling, Mad, Gray, Preble, reeves, Russell and llilkinson. Nays: :done. Couricilb,'DIP.al"1 Gray made a motion, directing the City Attorney to prepare a r Cse'ution deploring this federal Legislation explaining to our Congressmen and sana.tors hoia they have tolpeoed our sunuuer youth progress, seconded by Cetn;cih::or:!an Preble. Yeas: Council mei:ioers P.ov.,ling, Fead, Gray, Prcble, Reeves, Russell and Wiihiuson. Nays: None. Counc11',%i:m.n 'Gray madF: a motion., seconded by COuncil:Tlau RUSS011, that tht: Council adjourn. Yeas: Council members Powling, read, Gray, Preble, Reeves, Russell. and Wilkinson. Nays: I'lone. ,,;? ATPFSI Deputy City Well, 1 1 1 29"; 1